coverage? we'll explain, coming up. >> four inmates made a daring escape from an oklahoma jail. two of them are recaptured and have been put back behind bars. the hunt is still on the for the other two fugitives on the loose. they're considered armed and dangerous. a live report coming up. >> take a look at this photo. most of us get really mad when this phone is smashed. his phone took a bullet for him literally. it saved his life. the dramatic story coming up. the obama care administration rethinking its approach to the nsa spying scandal. the president ordering a full review of intelligence operations, specifically where foreign leaders are concerned. let's bring in jim sciutto who's following developments live in washington. >> reporter: the white house taking a hard look at the benefits and costs of this surveillance. this is part of a review that began this summer, the same

review which is how the white house said the president first learn of spying on foreign leaders. administration officials saying the president did not know she was a target and would not know specific targets but another u.s. official telling cnn that he would have had to know about the framework of such surveillance programs including the country's target. still very hard questions for the administration to answer here. the president obama would not confirm the nsa was spying on the phone calls of u.s. al lies, like germany's chancellor angela america. but in an interview with fusion, he both defended -- >> the national security operations in generally have one person and that is to make sure that the american people are safe. >> reporter: and conceded that maybe they've gone too far. >> i'm initiating a review to make sure that what they're able to do doesn't necessarily mean what they should be doing.

>> reporter: senior administration officials tell cnn president obama did not know about the nsa surveillance of merkel and other allies. when he found out he ordered a stop to some of the programs. the democratic chairman of the senate intill jens committee, dianne feinstein says that's not good enough and wants a, quote, total review of all intelligence programs. the head of the eu delegation told me eu citizens find u.s. spying disturbing. >> they feel uneasy. they don't know why it's happening. >> reporter: amid reports the u.s. surveillance of leaders of i'll lies began in 2002 well before the obama administration, here's one explanation former vice president cheney gave cnn's jake tapper. >> we are vulnerable as was shown on 9/11. and you never know what you're going to need when you need it. the fact is we do collect a lot

of intelligence without speaking about any particular target or group of targets, that intelligence capability is enormously important to the united states, to our conduct of foreign policy, to the fed's matters, to economic matters and i'm a strong supporter of it. >> reporter: the director of national intelligence, james clapper announced overnight he's declassifying a trove of documents about collection under the foreign intelligence surveillance act or fisa. later today, clapper and the head of the nsa, keith alexander will be testifying on the hill. kate, we can expect them to face hard questions as well. we'll try to ask some of our own. >> absolutely. review on multiple fronts but what will come of it? jim sciutto, great to see you. thank you so much. the obama administration is facing ongoing criticism on another front. obama care. the president'sed visors are

fighting back on twitter, challenging claims millions of people could lose coverage because of the law. the administration is extending the signup window by six weeks. senior white house correspondent brianna keilar is here with the very latest. >> that signup deadline now march 31st. it had been february 15th. that is a change. and the white house also now admitting that some americans may lose their previous insurance plans under the obama care law but arguing that that's not actually a bad thing. one of the president's long-time promises about his name sake health care reform plan -- >> if you like your health care plan, you can keep your health care plan. >> reporter: is coming under intense scrutiny as white house officials admit some plans will cease to exist under the law. >> it's true there are existing health care plans on the individual market. that don't meet the minimum standards and therefore do not

qualify for the affordable care act. there are some that can be grandfathered if people want to keep insurances substandard. what is also true is about americans who have insurance on the existing individual market, will now have numerous options available to them. >> reporter: president obama making an obama care pitch to young people who must sign up for health insurance by the end of march to avoid a fine. >> when you look at the number of young people who want health insurance but are having trouble affording it, the fact that we're making it affordable for them for the first time, that's a big deal. >> reporter: a new study shows 70% of eligible americans between 18 and 34 can now purchase coverage for less than $100 per month. that's if they can sign up. healthcare.gov was knocked offline sunday along with the data hub that verifies eligibility for government subsidies. service was restored monday. as the health and human services department aims for a november 30th deadline to get the site fully operational, it's giving

detailed updates on problems. the latest says, in part, we're also getting information on which parts of the application are causing the most errors, enabling us to prioritize what we fix next. the website is key to getting young tech-savvy people to sign up, young, healthy people are key to making the whole system work, chris and kate, because they offset the older less healthy who are more expensive to provide health care for. >> brianna, thank you so much. a lot of news this morning. let's get to michaela for the headlines. good morning to the two of you. a texas man under arrest after a shocking murder spree near dallas. police say charles brownlope killed five people in four locations, apparently burning one person to death. it's unclear if he has any motive. two suspected members of al

shabaab have been killed in somalia. one of those killed is considered to be a top technical and explosives expert for the al qaeda affiliated group. the other person killed was not yet identified. federal judge in texas rejecting part of the state's restrictive new abortion law which would have required doctors performing the procedure to have admitting privileges at a nearby hospital. this decision comes a day before it was to take effect, preventing a major disruption of abortion clinics across texas. state officials plan to appeal. disgraced former illinois congressman jesse jackson jr. was supposed to begin his 30-month prison term monday. it appears a paperwork issue has delayed his inkars nation in north carolina. jackson at the moment is not officially an inmate. he pleaded guilty back in august to misusing $750,000 in campaign funds. a 12-year-old boy in canada pleading guilty to a massive hacking attack that took down government websites back in

2012. young boy had been working under the umbrella of anonymous. sharing the information he found in exchange for video games. the boy's lawyer says the boy saw it as a challenge and had no political purpose. >> well, that makes it okay. >> 12-year-old. >> it's interesting. completely not motivated, motivated by video game. the right price. is that your motivator? is that how we get to work. >> i see it in my kids. today is a big day, the anniversary of hurricane sandy. we have indra petersons, she's down in a place that became the face of devastation, seaside heights, new jersey. indra, good to have you there today. >> thank you, chris. it really is hard to believe it has already been a year since superstorm sandy really impacted the region. i'm actually standing in front of where the jetstar roller coaster used to be. if you look over my shoulder, there was nothing there.

it was torn down in may. we have signs of progress. you can see, we're right in front of the casino pier. 90% of the businesses here on the boardwalk are open. they're hoping to have more open by next summer. we'll give you a deeper look into sandy coming up in a bit. i want to talk about a storm system impacting today. that storm system could bring as much as 10 inches into portions of wyoming and colorado, heavy winds, winter storm warnings in effect in that region. the reason this is so significant, you have that cold air clashing with the warm air into the south. so with that, the jet stream going right over that panhandle of texas, we have a severe weather threat. large hail, strong thunderstorms and even an isolated tornado cannot be ruled out today. that same system will eventually make its way farther into the east. we're talking about a severe weather threat for tomorrow.

that will go from nebraska to texas. as we look towards halloween, thursday night in through friday, the ohio valley extending all the way into the overnight hours into the northeast, a strong, powerful system making its way into the region. really a lot to be talking about this morning, chris and kate. >> a lot to be tracking. thanks so much. we get right back to indra in just a few minutes for more on the recovery from superstorm sandy. also we are monitoring a manhunt going on in oklahoma. two men are still missing after this daring jail break. they broke out through a shower. the real questions now about how it happened and how it might happen again. we'll tell you.

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welcome back to "new day." now captured are two of the inmates made a daring escape from an oklahoma jail. two others considered armed and dangerous are still out there. this morning, we're learning more about how they made their great escape. george howell is live in oklahoma. >> we learned it was an investigator who spotted two of the men here at this convenience store and these weren't the regular customers. he described their clothes as wet, dirty and according to the store clerk they came here to buy ramen noodles. they are behind bars and the search continues for the other two. police searched throughout the

night looking for two remaining caddo county jail inmates who have been on the run since sunday, anthony mendonca and triston cheadle are still on the street. >> should people be concerned? >> yes. >> reporter: they escaped with two other inmates who ended up right back where they started from, inside the walls that failed to confine them. they were both arrested monday afternoon in nearby chickasha, oklahoma, less than 20 miles away from the jail. most around town are troubled by the simple fact that this jail break even happen ed. >> kind of frightened to think that it happened so easily. it makes me nervous to think it's not built better. >> there's a design flaw in it, evidently. get in the shower, climb ,

climb over and get out. >> reporter: that is exactly how it went down, according to the officials, the men busted through a hatch, crawled through a pipe space beneath the roof where the air conditioning and plumbing sit and knocked out a cement block to get to another room, taking them directly to an unlocked side door which they simply pushed open to freedom. >> i don't think it was a design fault. it's something that will have to be investigated but the jail is well built. >> reporter: our camera caught contractors back on the job, preparing the damage created by the jail break but could this sort of thing happen again? not even the sheriff could say for certain. >> there's lots of ways that people escape jails. we hope it don't happen again. >> reporter: so you know, we're looking over here and see a police officer passing by with a chickasha police department, something you'd expect as they continue the search.

think about brown, they did not get very far, about 20 miles from the jail. authorities do believe the other two could be here in this chickasha area. >> good. hopefully they catch them really soon and we hear it from you, george. appreciate the reporting this morning. we're marking a painful anniversary. exactly one year ago today, superstorm sandy changed the face of much of the east coast. manufacture us witnessed one of the deadliest and destructive storms in u.s. history. what you don't hear is that for far too many it isn't over. some places are beyond repair, other places still struggling to recover and vulnerable. indra petersons is live in one of the areas hardest hit, seaside heights, new jersey. indra? >> yes, really, again, it's so hard to believe it was just a year ago. 100 million of us were affected by the storm. so large in fact hundreds of thousands of homes and 5 million people were left without power. we're talking about a storm surge that was record breaking.

it's been one year since superstorm sandy rewreaked havo in the u.s. >> look at that. >> a record. >> reporter: the monster storm, killing 117 people in the u.s. and damaging hundreds of thousands of homes and businesses. becoming the second costliest storm in american history. >> we know the storm was unusually wide. it stretched from the off the coastline to the great lakes. it was loaded with water. >> reporter: in manhattan, sandy slammed the coastline, lower manhattan left in complete darkness for days. 23 million gallons of water flooded this 31,000 subterrainian retail plaza where the water came up to these steps. knotts it is still gated off. millions of dollars of damage are still being renovated. sandy's scars still visible, subway stations filled with water one year ago now still under construction.

in new jersey, seaside heights historic boardwalk re-opened more than six months later to a slow return of tourists and locals. >> we have a thousand man hours a day working on this project. what we accomplished in several months should have taken a few years. >> reporter: only to grapple with another tragedy in september. >> it's on fire. >> we don't know what's next. >> reporter: electrical wiring possibly damaged in the storm sparked is a blaze that burned 30 businesses to the ground. >> it's been one thing after the other. but you know, we are tough here. >> reporter: in queens, breezy point was one of the hardest hit areas. more than 100 homes burned to ashes. fire trucks unable to enter the neighborhood for hours, due to flooded streets. the neighborhood still lined with piles of sand and unoccupied houses. but a year later there are signs of resilience and recovery. a group of rockaway residents

marking the anniversary, holding hands on the beach. immigration museum at ellis island damaged in the storm re-opened its doors yesterday. still, experts offering a harsh warning. >> sandy is not one-of-a-kind storm. the reality a storm of this force and magnitude could hit the coastline of our country any time and any place. >> reporter: now, one of the things i wanted to touch on here, a lot of confusion. what was so different about sandy than irene a year previous? its size, one of the most important things. 1,000 miles we saw the tropical storm force winds. take a lack at the path of sandy versus irene. sandy came in perpendicular to the shore instead of parallel. you have the storm surge concentrated in one region if it's perpendicular. it allows it to be higher instead of spread out along the coastline. take a look at this plan. this is the 100-we're flood plan

that fema put out. this is how much flooding would occur. look at what happened with sandy. it was even worse than that. it was the perfect combination of this coming in at high tide, 9-foot storm surge combining with high tide that brought it in 13.88 feet. expansive and coming perpendicular to the shore. these are the small things that had this huge impact that of course we all felt exactly a year ago today. chris and kate. >> all right. indra, thanks so much. the ill separation is helpful in understanding why superstorm sandy was so different and exactly what we call it, superstorm. >> yes, we'll keep following it. there are still a lot of families in need. anybody who lives in this area, knows that many are still in the process of getting back on their feet. >> indra, thank you for that. a key lawmaker is say nothing. senator lindsey graham planning to block all of the president's nominees. why you ask?

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time now for a political gut check of the morning. the white house is reviewing all u.s. surveillance programs after reports national security agency was spying on some 35 world leaders and the top senator on the senate intelligence committee says he is totally

opposed to that surveillance and that data collection will not continue. cnn's chief national correspondent john king is here to talk more about all of this. it's pretty interesting where things have gotten with this spying controversy, john. the white house is saying they're going to review the spying policy of foreign leaders but dianne feinstein, she is not happy. she says she's been kept in the dark and wants a further review that she's going to spreer heea. >> dianne feinstein was a defender of the nsa, saying most of the intelligence gathering was necessary. but she defended most of the practices. now she's not happy. she doesn't think she's getting straight answers from the agency and sometimes the white house. she's promising tougher scrutiny. that's a signal to the administration, significantly in this latest case she put out a statement saying the administration had promised to end all surveillance of allied leaders, leaders of allied

countries like germany, for example. we've seen the embarrassing disclosures about that in the recent days. the white house says not exactly. we'll have a review, change some of the policies but don't use the word all. don't have a blanket prohibition on this. in trying to put this behind us, we may have raised more questions. >> the president did an interview with the fusion network. do you think he did enough to calm concerns? is he explaining his position on the nsa and his spying policy directive to the nsa? did he do enough yesterday? >> probably not. in the sense that he would not even publicly concede that the german chancellor's phone, some of those conversations were monitored. the president has a tough one. this is top-secret classified intelligence programs, the specifics of it and the practice of it. the president will have to do a couple things. at administration will have to answer the tough questions from congress and in doing so, hopefully answer questions from

the american people. i suspect secretary kerry and the president himself, diplomacy with these allied leaders. a lot of close friends are peeved and say this will affect relationships down the road. >> senator lindsey graham says he'll stahl all nominations until he gets more information on the attack in benghazi. it's been more than a year. what's lindsey graham trying to do here? >> is he trying to help his colleagues in the house. because the democrats control the senate. so there's not a serious benghazi investigation over on the senate side but there is on the house side. they have been frustrated. the white house says this is all partisanship. we spent some time on this. there are some people the committees want to talk to, other u.s. employees who are there, survived the attack, that the committee wants to talk to, through the state department, through the white house that has not been willing to send them up

to testify. lindsey graham, says, fine, i'm going to block any nomination coming through the senate. it's his effort to force cooperation, significant in the sense that lindsey graham is someone who has tried to work with the president on immigration, for example. he is not reflectively a partisan like this. you should note and remember, he has a tea party primary challenge back home. planting a flag against the president, he has long been demanding questions to benghazi. i'm not questioning his commitment to the policy investigation. this also helps him politically back home. >> this has worked for him in the past. he stalled, held up the confirmation of john brennan for cia director, asking other questions about the benghazi attack and the white house gave that information. >> that's right. if you're lindsey graham, you're thinking this worked once, let's try it again. he's not hoping for a huge new breakthrough on the senate side. have the house republicans sometimes overstepped themselves in this investigation? without a doubt. has the administration been completely forthcoming? no.

this has been a key tension point. lindsey graham hoping by using the tactic again, clogging up the senate he'll force, if not get everything he wants, some sort of a compromise. >> in getting nominations through the senate, it's been a big issue in the senate in this last session. >> sure has. >> great to see you, john. thanks. >> thank you. we'll be watching the politics because it never goes far away. there are other stories making headlines. let's get over to michaela. the white house getting back a report it calls misleading, refuting claims the white house knew for years that millions could lose coverage under obama care. advisers say normal turnover in the insurance market is to blame. in syria, security concerns are preventing inspectors from reach of the last two of 23 declared chemical weapons sites.

they warn they may not be able to reach the area safely before friday's deadline. they say getting to them might require a cease-fire. the syrian electronic army claiming responsibility for hacking some tweets sent from president obama's official account. for a short time monday, users who clicked on links in pair of tweets were redirected to a video montage of terror attacks. the twitter account itself was not hacked. penn state will spend nearly $60 million to settle cases with 26 child sex abuse victims, a former football coach jerry sandusky. the universal says several more claims remain unresolved. the cost of the settlement will be covered by liability insurance policies and not donations or tuition. sandusky is serving a min 30-year prison term. a florid store clerk, boy is he lucky to be alive. he happened to have that phone

in his shirt pocket when an armed robber fired a gun right at his chest. the screen of the phone is totally shattered. there's a big bump on the back of the phone from the bullet in the back of the case. he really didn't even know he had been hit. >> imagine the adrenaline and everything is happening so quickly. you hear a shot fired. you don't feel pain. >> wow. >> i know it wasn't a design element of the phone but htc, the company that made it, i'd be all over this. not that this is what it's designed for. when you're thinking iphone, galaxy or htc, we save your life. >> when i drop it on the floor, it shatters into a million pieces. >> pretty cool. a lot of big questions for that kid, though, whenever you survive something like that. >> what am i supposed to be doing with my life.

>> good questions to ask. much better than the alternative. coming up on "new day," what if your state stops taxing gas lean. that's good, right? what if they then start taxing you on how many miles you drive. that may not be so good. we'll tell you why. >> no doubt he's had a legendary football career but should o.j. simpson now be considered for a big honer from the rose bowl? the controversy when we come back. are you flo? yes. is this the thing you gave my husband? well, yeah, yes. the "name your price" tool. you tell us the price you want to pay, and we give you a range of options to choose from. careful, though -- that kind of power can go to your head. that explains a lot. yo, buddy! i got this. gimme one, gimme one, gimme one! the power of the "name your price" tool. only from progressive.

hope your morning is going okay so far. there is a cold wind blowing. let's get to indra petersons with a check of your forecast. she is in seaside heights, new jersey this morning. hey, indra. >> reporter: good morning, chris. just driving in towards seaside heights, there's a community

just north of here where you can see that reminder of what happened here a year ago. many homes there, slow progress. we're talking about red tags and empty lots. here you can tell on the pier, things are different, it has been rebuilt. 90% of the businesses are open. a sideline of the progress slowly making way. i do want to talk about another storm making its way across the country. the storm system that brought the heavy snow in through montana. winter storm warnings in through wyoming and portions of colorado. we're looking for another 10. >>s -- inches of snow, as well as telluride or veil. also we had the system sliding to the east and the jet going over texas. we will, talking about the threat for severe weather. through tomorrow, severe weather throughout from nebraska down

through texas and it slowly progresses to the east. by halloween evening, people need to be paying attention to the storm system from the ohio valley from the mid-atlantic to the northeast. definitely a lot to be concerned about as we take a look at this storm. chris and kate. >> all right, indra, thanks so much. let's go around the world starting in russia where president vladimir putin is saying publicly and gay and lesbian athletes have nothing to fear as they head to sochi for the olympics. >> reporter: it's been branded discriminatory. his words are unlikely to satisfy. gay and human rights activists around the world are just worried about what this law means during the olympics, they're angry about its very existence and what it will mean for gae people before, during

and after. now to the trial in italy for the captain of the doomed cruise line of the "costa concordia." his girlfriend is expected to take the stand. erin mclaughlin is with us. >> she's set to take the stand in the trial of captain francesco schettino. the two were very friendly. they were having dinner that night. he even invited her on to the bridge of the ship before everything went horribly wrong. her testimony is part of the prosecutor's attempt to establish what exactly happened that tragic night. back to you, kate. >> erin, thank you for that. in iran, it's an american soccer coach helping to make the national team better and building bridges in the process. reza sayah has that.

>> reporter: he's making headlines with his decision to help iran's national soccer team qualify for the world cup in brazil next year. his name is dan gasbar, born in connecticut. he was coaching the university of hartford when iran's coach said move here and help me move this team. his wife and friends and family said don't do it. he ignored the warnings and came here. he says he's had an incredible time. he's even met mahmoud ahmadinejad. his mission is to bring the world cup back to iran. after that he says he plans to come back to america after a remarkable journey. kate? >> talk about a remarkable journey. it's impressive. thanks, reza. money time. a pilot plan in oregon to raise taxes for roads certainly raising eyebrows. it would replace a tax on gas with a tax on every mile you drive. the idea has some people concerned about their privacy.

we'll talk about that portion of it as well. christine romans is here to explain. >> how would this work. >> would you pay a penny and a half a mile or 30 cents a gallon. >> depends on what kind of car you drive. >> exactly. this is a pilot program starting in two years. it will be voluntary. they want to test to see if this is a way for the state to raise more money for tex revenue to fix bridges, roads and the like. 30 cents gas tax. it would work out if you use a mileage tax of 49.2 cents a gallon. a typical driver would be paying more. >> i'm totally confused. i don't get it. they're trying to raise money. that means more taxes. fundamentally this has to be worse for. >> if you're a gas guzzler, actually it helps you a little bit. if you drive a lot of miles, it's not good for you. middle of the road driver, maybe you'd pay a little bit more.

>> everybody will pay more. nobody will pay less. >> some people could pay less. it will depend on your behavior and situation. here's the thing. they haven't been raising the gas taxes. it's hard to get it past voters. we haven't raised them, haven't keep up with inflation. consumption has leveled off here. the states have to look for ways to find money. >> there's so many more people driving hybrids. >> and fuel efficient cars and the president and white house pushing for more fuel efficiency. unless you raise tax revenue some way you're not going to have the money for roads and highways. >> you have to, instead of taxing someone at the pump you need to track the miles someone drives. >> yes. >> that of course is raising privacy concerns. >> that's the other part of the story. how are they going to track where you're going, how many miles you're driving. it's got the big brother police going crazy, civil libertarian groups are upset. the state says they'll have different ways to do this. either using the odometer.

some plans have -- >> what if you go out of state. >> you wouldn't be paying the state tax if you go out of state. there have been academic studies showing this could work but practically would it really work? >> what's the incentive to try it out? you could be paying more. >> you absolutely could be paying more or a little bit less. the states have to raise the money somehow. >> it's not voluntarily to you. it's voluntary to the state. eventually they'll say you have to do it. >> the highway trust fund is completely depleted. they never put money into it. >> we haven't raised the federal gas tax in 20 years. 16 states who haven't raised their state gas tax in 20 years. so they've got to come up with the money. when you ask the public would you like to raise your gas taxes? they say no. >> that's one of the unspoken

pains in our country is that the infrastructure stinks and nobody wants to put money into roads and bridges. it's politically unpopular. you don't vote for somebody because they tell you they're going to fix the bridges. then you have a disaster, goad forb forbid. >> then you think of new ways to do the gas taxes, maybe on the miles driven and not the gallons purchased. what do you think? #newday. are you worried about your privacy? >> immediately you're like, what, this can work. think about it. >> we'll give you a break. jerk your knee. >> jerk your knee. >> don't go where it wasn't intended. >> tweet us #newday. we'll be talking about the red sox when we come back from the break. the world series is a big deal. they're a game away. we'll bring in a man who has all

the answers. he is also incredibly bias in the outcome. >> and hasn't slept in weeks. >> just looking at this piece of video gives me ice in my bellow. look at this monster wave, more than 100 feet tall. you know what? a surfer got on his board to take a ride. it is our must-see moment. >> holy cow. >> holy something. twins. i didn't see them coming. i have obligations. cute obligations, but obligations. i need to rethink the core of my portfolio. what i really need is sleep. introducing the ishares core, building blocks for the heart of your portfolio. find out why 9 out of 10 large professional investors choose ishares for their etfs. ishares by blackrock. call 1-800-ishares for a prospectus which includes investment objectives,

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dirty water. >> great song. if you're one of the 16 million people watching you know why, the baseball games have been really good. let's bring in john berman. not only is he the "early start" anchor but he's a dedicated sports fan, especially of the boston variety. >> it is an affliction. last night was the first game, game five was the first game that wasn't wacky. >> it was a normal game. >> just good baseball. no bizarre errors with be no epic, unprecedented things. it was a 3-1 game with great pitching. the red sox ended up winning 3-1, largely behind the bat of david ortiz who reached base nine straight times, tieing a world series record. >> really? >> it is. >> in fact, what is he batting?

>> in the world series he's batting over .450 for the three world series he's been in. he is the new mr. october, with all apologies to jackie robinson. the cardinals came back from 3-2 and won the world series. it can be done. >> game seven, mlb, nhl, nba -- >> and john berman would be m.i.a. >> i'd be hearing his screams from up there where he lived. >> berman goes out and buys seven more teams. >> let's spark controversy. >> yes. >> how we separate sports and life. o.j. simpson, a phenomenal college football player for usc, had two huge rose bowl games. great performances. they want to give him an honor

for the rose bowl. can you separate football and the man? >> what you're trying to do is put together an all-rose bowl team and take one representative from every decade. he's been nominated to be one of the three -- they'll pick one out of three from the 1960s. he rushed for 100 yards both times. hard to argue he wasn't the best player on the field in the 1960s. it is a controversy. a lot of people saying you shouldn't honor o.j. he's in the college football hall of fame but he was inducted to all of those before the controversy. >> why was the rose bowl want this controversy? >> football writers made the decision and they're making their judgment on just what happens on the field. there's a press den to the this, vastly different but pete rose, not in baseball's hall of fame, however, when they put together their all-century team for 2000. he made it. >> do you think there will be a

disconnect between fans and sports writers on this one? >> it's hard to know. i don't know how fans really feel? i think a lot of fans are mixed. i think sports writers are mixed also. the one thing i will say, he's not in. there are two other players who could get elected. >> a great usc coach could get in. i wrote this down. vander kellan. i don't know who he is. apologies to badgers. >> he had 120 and 170 yards. he scored both touchdowns in the rose bowl they won. the football stats are overwhelming. the question is how much does character count? >> interesting are. >> make sure you twee us about it, #newday. >> do you know stats on vander kellan. >> i have two of his jerseys. >> you know the stats from o.j. simpson. >> o.j. was a great football player. >> if he does get the honor he'll not get to go to the

ceremony. that's not going to happen no matter what. here's our must-see moment. >> i want to talk about this big wave. >> let's do it. >> not everyone is complaining about the hurricane force winds battering large parts of florida. look at this, off the coast of portugal. they took full advantage of jaw-dropping ocean swells. preliminarily, estimates suggest that brazilian surfer bula may have taken the record. there's no chance this is fake, right? >> no, no, no, absolutely not. >> laird hamilton is doing hand stand push-ups in hawaii, getting ready to break the record. >> they're saying this guy did

it right after he rescued another guy from drowning. >> a huge mega wave. >> ginormous. >> they go so fast at such an angle, they have to strap their feet to the board. >> i took one surfing lesson and i fell off. >> it gives me ice in my belly. >> i want to hear what laird hamilton says about this if the record was broken. >> we'll call him. coming up next on "new day," the head of the nsa due for tough questioning over the latest revelations of spying on foreign leaders. evenple democrats are saying the white house may have gone too far. the latest, coming up. we're following a manhunt in oklahoma. two men still at large. they escaped from an oklahoma jail. how? they snuck out through a crawlway.

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did you know that sports history was made on monday when for the first time ever a world series game and "monday night football" were held in the same city at the same time. >> talk about traffic. >> kate bolduan knew. andy scholes knew me, i knew as well. part of this morning's "bleacher report." andy, history. >> aol deal for st. louis, the world series and "monday night football." it was unfortunate for the rams. arguably their biggest game of the season came on the same

night that the cardinals were playing the red sox as game five. the stadium was only about 65% full. russell wilson hooked up with golden tatum. he's going to wave good-bye to the defenders as he goes in for the 80-yard touchdown. he received a taunting penalty for that. the rams had a chance to win this on the final play of the game. that pass goes incomplete, seahawks win 14-9, making it a really rough night for st. louis fans. >> lebron and the heat will tip off the nba season tonight with a doubleheader on tnt. mike and chicago get things started at 8:00 eastern, followed by the clippers and lakers at 10:30. coming up, nba analyst greg anthony will join "new day" for a complete update on the nba season. >> this is my favorite time of year. >> when every season is happening at the same time? >> every sport.

something to watch every night. >> that's good. thanks, andy. >> good to have you. we're close to the hop of the hour which means it's time for your top news. we're undergoing a complete review of how our intelligence operates outside of the country. >> to know or not to know. the president responds. how could he not know about the u.s. spying on key allies? will he stop it now? the president's intelligence chiefs to be grilled this morning by congress. who is making the decisions on surveillance? >> two down, two to go. a pair of escaped inmates in oklahoma recaptured but two others still on the loose as we get new details on the dramatic jail break. >> bouncing back. one year after sandy, the hairihairia -- areas hardest hit are still

on the mend. we'll go live to indra petersons. your "new day" starts right now. >> announcer: what you need to know -- >> think about the people and your family. it all comes back. >> announcer: what you just have to see. >> the military target named -- >> that -- >> announcer: this is "new day" with chris cuomo, kate bolduan and michaela pereira. >> good morning. welcome back to "new day," tuesday, october 29th, 7:00 in the east. you heard president obama say this for months. if you like your health care plan, you like your doctor, you can keep them. well, new this morning we're learning that may not necessarily be true. millions of americans are at risk of losing their health coverage but why this may happen also matters. the white house insists the health care overhaul is not to blame.

even if it is, this may not be a bad thing. sanjay gupta is here to sort it all out. also ahead, singer chris brown getting a big break after his latest brush with the law. he was arrested for assaulting a man in washington, d.c. this morning he's free. we'll tell you how it all happened and ask our legal expert to weigh in on it. you probably remember the florida mother caught stealing groceries in order to feed your kids. we told you the story on "new day." the arrests officer who bought her groceries. this morning, more heartbreak for the woman. we'll tell you about that coming up. more damage control by the obama administration. the president ordered a review of all u.s. spying while a european delegation is in washington looking for answers. cnn's chief national security correspondent jim sciutto is following all the latest developments and there daily seem to be a lot of developments on this, jim. >> reporter: no question, kate. the administration now considering hard limits on this

surveillance of foreign leaders. this is part of a review that began this summer, the same review which the courthouse says was how the president first learned of this spying on foreign leaders such as the german chancellor, angela americale. administration officials saying the president did not know she was a target. another u.s. official telling cnn he would have had to know about the framework of such programs including the countries targeted and if they were allies. many hard questions for the administration to face. president obama would not confirm the nsa was spying on the phone calls of u.s. allies like germany's chancellor angela merkel. in an interview with the new cable network fusion, he both defended u.s. i intelligence activities. >> the national security operations generally have one purpose and that is to make sure that the american people are safe. >> reporter: and conceded that maybe they've gone too far. >> i'm initiating a review to make sure that what they're able

to do doesn't necessarily mean what they should be doing. >> reporter: senior administration officials tell cnn president obama did not know about the nsa surveillance of merkel and other allies until earlier this year. when he found out he ordered a stop to some of the programs. the democratic chairman of the senate intelligence committee, dianne feinstein, usually an ally of the white house, says that's not good enough and wants a total review of all u.s. intelligence programs. european lawmakers are in washington this week. >> they feel uneasy. they don't know why it's happening. >> reporter: amid reports the u.s. surveillance of leaders of i'll lies began in 2002 well before the obama administration, here's one explanation former vice president cheney gave cnn's jake tapper. >> we are vulnerable as was shown on 9/11. and you never know what you're

going to need when you need it. the fact is we do collect a lot of intelligence without speaking about any particular target or group of targets, that intelligence capability is enormously important to the united states, to our conduct of foreign policy, to defense matters, to economic matters. i'm a strong supporter of it. >> reporter: the director of national intelligence, james clapper announced overnight he's declassifying a trove of documents about collection under the foreign intelligence surveillance act or fisa. this is the act that authorized collection of data on virtually every telephone caller here in the u.s. and later today, clapper and the head of the nsa, keith alexander, will be testifying on the hill. kate, we can expect them to face hard questions as well. >> surveillance about american citizens made some sense. i wonder if they're getting pushed too far, jim. thanks for the reporting this morning. let's head to the white house.

they say they're going to declassify and review everything. brianna keilar with more this morning. is the white house abandoning the program. >> would you would wonder if you are listening to democratic senate chairman of the intelligence committee, dianne feinstein, she said, quote, collection on our allies will not continue. but one senior administration official that i've checked with said that isn't exactly correct. that same official saying that individual changes have already been made to this program as this review you heard jim sciutto talking about is under way. but also due to really the secure nature of this issue. we're not getting information on what those individual issues are. >> this is very curious situation, though, because, you know, spying is by its very nature secretive. we have to assume it's done not just by the u.s. but allies and foreign sovereigns as well.

now because of politics, it seems like there may be hyperdisclosure, the word fallout, we use it every day for different issues. what is the politics here in terms of management of fallout? >> well, there is a lot of it. and you sort of see this continuing because of all of these snowden disclosures, chris. the latest narrative you're seeing from republicans is painting president obama as a bystander in his own administration. this is something the rnc is trying to get traction with. they're pointing not only to the nsa program but to obama care as well. we heard from health and human services secretary kathleen sebelius, she told sanjay gupta that the president wasn't aware of the issues with that website until after it launched. that's what republicans are saying. but the white house predictably pushing back on this saying it's not really apples to apples here. we heard from white house press secretary jay carney. he said, kate, this is

conflating disparate issues. >> brianna, thank you so much for that update. let's stay at the white house. the white house is responding to deadline pressure clarifying that americans will have until march 31st to sign up for obama care. this as the president's advisers are fighting back against another claim and denying that millions of people would lose coverage because of obama care. chief medical correspondent dr. sanjay gupta is joining us from atlanta. for more on this. a lot of confusion it seems like was created yesterday, sanjay. what are you hearing about the reports that millions of americans could be losing their existing coverage because that was a claim you heard over and over again from the president when he was campaigning for it. if you like your doctors and insurance plan, you can keep it. >> well, here's the bottom line. you have about 15 million people who buy insurance on their own right now, meaning they're not getting it through their employer. it's that population of people we're talking about

specifically. what has happened, there are certain plans that are no longer legal under the affordable care act. these are plans that may not have been comprehensive enough, the deductibles or co-pays may have been too high. as a result those plans are no longer available. people who are on those plans before have to get new plans. that's the population of people we're talking about. about half those people who currently have their own insurance, they're grandfathered in, meaning they've had their plans long enough, they don't necessarily have to make this change being recommended by the affordable care act. for other people, the plan they have now, it's not grandfathered in. it's no longer legal. they have to change. that's what we're talking about. >> that's the thing that people are finding as they're looking at these plans and looking at the affordable care act. they're surprised. that's not what they were told over and over again. i want to ask you about another part of the plan.

a key part of the health care law, coverage of young, healthy people. what are you hearing about that? young, healthy people, getting them to sign up for obama care is key to making this whole law work. >> absolutely. you know, people can guess roughly the numbers, the breakdown, talk about new people entering the program. they say about 40% at least have to be these young people ultimately, because that helps offset the cost of health care for people who may be older, may have medical problems. that's the rough breakdown. what we're hearing is that they released numbers saying if you're between the number -- age of 18 to 34, your premium could be $50 a month. a significant chunk of those people could stay on their parents plan until age of 26. it could be pretty affordable, seems for that target range of people. but there are some caveats there

as well. >> where are they on enrollment so far? they haven't put out the official number until the middle of november. >> it's been hard to get these numbers. my guess is they know the numbers constantly. this is something their monitoring. what we've been doing at cnn is looking at the states not coming under healthcare.gov. 14 states plus washington, d.c. have dieded to kr decided to crn marketplaces. we don't know about the rest of the states yet. what they are hoping for was around 500,000. they could be on target. if you look at what happened in massachusetts when they created a similar program, most people don't sign up until the end. that's human psychology. everyone waits until the

deadline is nearly upon you. the numbers kept increasing in terms of enrollment every month. my guess is that sort of thing would happen here as well. >> everyone has to work on a deadline, that's for sure. >> still, i guess you could argue that's still a ways out. we have to wait until the middle of november to get the numbers from the federal government. >> thank you so much. >> you got it, kate. two of the four inmates who made a daring jail break over the weekend are right back where they started, behind bars and rightfully so. two others are still on the loose. new this morning, we learn more about how they were able to pull off the daring escape. george howell is live in oklahoma with details. george? >> reporter: good morning. some of the suspects, we know they were caught by an investigator going into convenience store and these weren't the regular customers. their clothes were dirty. he described them as wet. the store clerk we spoke to last night said they came here to get ramen noodles. they're both in jail this morning and the search continues

for the other two. police searched throughout the night looking for two remaining caddo county jail inmates who have been on the run since sunday, anthony mendonca and triston cheadle are still on the street, both considered armed and dangerous, they remain at large. should people be worried these men are on the streets? >> you should be more cautious and aware of your surroundings. >> reporter: mendonca and cheadle escaped with two other inma inmates who ended up right back where they started from, inside the walls that . they were sha,both a oklahoma, less than 20 miles away from the jail. many around town are most troubled by the simple fact that this jail break even happened. >> kind of frightening to think it happened so eas >> it makes me nervous to think

that it's not built better. >> there's a design flaw in it, evidently. get in the shower, climb up, climb over and get out. >> reporter: that is exactly how it went down, according to the officials, the men busted through a maintenance hatch, above the shower, crawling through a pipe space beneath the roof where the air conditioning and plumbing sit and knocked out a cement block to get to another room, taking them directly to an unlocked side door which they simply pushed open to freedom. >> i don't think it was a design fault. it's something that will have to be investigated but the jail is well built. >> reporter: our camera caught contractors back on the job, repairing the damage created by the jail break but could this sort of thing happen again? not even the sheriff could say for certain. >> there's lots of ways that people escape jails. i can't say it won't happen again. we hope it don't happen again. >> reporter: the front page of "the express star," you see the

pictures. important to get these pictures out here. authorities have great belief that the remaining suspects at large could be here in this chickasha area. keep this in mind. we know we've seen several police cars going through this neighborhood where the two were found. so, again, the hope is they could find the other two where sm where here. >> that's an important point, george. likely will be a regular, any resident walking around that will catch a glimpse of them that will be key to catching them this time again. thanks, george. thanks very much. we begin with a shocking story of violence. police are investigating a murder spree in terrell, texas. east of dallas. police say five people have been killed at four different locations. one of them apparently was burned to death. no word on a motive yet or the identities of the victims but a suspect is in custody. a source close to the investigation of former football

star aaron hernandez. massachusetts state police subpoenaed hernandez's friend and college teammate, mike pouncey in the gun probe. the 23-year-old hernandez is charged now with first degree murder in the shooting death of odin lloyd back in june. heavily armed gunmen in libya pull off a highway robbery. they get away with $54 million meant for the country's central bank. one official there calling the holdup a catastrophe for all of libya. the money had been flown in from tripoli and was apparently guarded by a single security vehicle. it's the latest in the wave of lawlessness since the end of of the libyan civil war. the former mistress of martin macneill expected back on the stand today. gypsy willis will resume her testimony in the case again the former utah doctor accused of killing his wife in order to continue an affair.

she's admitted to the cord that she had a sexual relationship with macneill that began in 2006. remember the struggling mom caught shoplifting groceries only to have them paid for by a police officer? after that incident, a telecommunications company offered her a customer service job. she says she took two buses and a train to get there for her first day on monday but was heartbroken. when she arrived on site, the company told her she didn't have the job because she didn't pass a background check. she apparently went on to say the hardest part in all of this disappointment was having to tell her kids once again she's jobless. >> obviously we brought this story to you because we wanted to focus on the cop who did the right thing and circumstances, ordinarily that wouldn't happen. the company did the same thing. if you don't pass the background check, you don't. >> it's hard when you're trying to get ahead, it's a challenge.

you have so suffer the consequences for your behavior. it's hard to get ahead and be forgiven. >> great point. let's get back over to indra petersons for today's forecast. she's in seaside heights, new jersey. why is that so important today? we are talking about the anniversary of superstorm sandy today. >> good morning, both chris and kate. we're standing in front of the iconic symbol, what used to be the jetstar roller coaster. no roller coaster was actually torn down in may. many places are slow to recover, just driving in, we're seeing homes with red tags on them. here on the boardwalk itself we're seeing a sign of recovery. you can hear construction going on early this morning. they did open the bottom portion of the casino pier. it looks like they're hoping to get a lot more done by next season. i want to talk about another storm impacting the country today. it brought a foot of snow in through montana today.

if you're in colorado or wyoming look for ten inches of snow possible. we're talking about strong winds as well. the cold air, temperatures a good 20, 25 degrees below normal. that's clashing with that warm air, the temperatures that are above normal in the south. as that system progresses to the east, we're talking about the severe weather threat in the panhandle of texas. what with he talking about? strong winds and the threat for an isolated tornado out of severe thunderstorms. that threat expands as we go through tomorrow and the system continues to progress eastward into the warm, moist air. by tomorrow tell if you're from nebraska in through texas, the system spreads from the ohio valley into the mid-atlantic and the northeast for halloween evening. chris and kate. >> indra, thank you. we're going to get back to indra after the break. we want to talk about the recovery from superstorm sandy. really the lack thereof. big questions about what the government has done with funding and how much is being done to

help the families in need. singer chris brown getting a big break after his latest run-in with the law. but why? we'll take a closer look at it. , of course i had no idea what it was. i felt like my feet were going to sleep. it progressed from there to burning like i was walking on hot coals... to like 1,000 bees that were just stinging my feet. i have a great relationship with my doctor... he found lyrica for me. [ female announcer ] it's known that diabetes damages nerves. lyrica is fda approved to treat diabetic nerve pain. lyrica is not for everyone. it may cause serious allergic reactions or suicidal thoughts or actions. tell your doctor right away if you have these, new or worsening depression, or unusual changes in mood or behavior. or swelling, trouble breathing, rash, hives, blisters, changes in eyesight including blurry vision, muscle pain with fever, tired feeling, or skin sores from diabetes. common side effects are dizziness, sleepiness, weight gain and swelling of hands, legs and feet.

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what if you didn't know that you might need extra coverage for more expensive items? and what if you didn't know that teen drivers are four times more likely to get into an accident? 'sup the more you know, the better you can plan for what's ahead. talk to farmers and get smarter about your insurance. ♪ we are farmers bum - pa - dum, bum - bum - bum -bum ♪ it is important to remember because there are still so many who need our help. one year ago today, hundreds if not thousands of lives were changed forever because of superstorm sandy. you know that but did you know among those hardest hit, the people of breezy point, queens, new york, are still struggling,

displaced. deborah feyerick knows. she spent time with one family that's been going through the ringer. i use that term because it sounds simple. it ended, now you rebuild. it hasn't, has it? >> no, not even close. a lot of families are still displaced. not only at the height of the rain and the winds, all of a sudden there was fire. the firemen couldn't get there. people simply watched their homes been to the ground. they're starting to rebuild but it's taken so much longer than anybody anticipated. >> we'll see you soon i hope, all right? >> seven sullivan brothers were raised on this shore just like their father and his father and his father before. >> we're fourth generation down here. we really don't know anywhere else. >> but a year after superstorm sandy, life on new york's breezy point is threatened. >> these two brothers lost their family home completely, their summer home. this guy's house burnt.

>> 75% of the 2,800 homes on breezy point were flooded. 350 were totally destroyed. 135 of those burned to the ground during an epic fire in the midst of the storm. >> the second house floated into my house and pancake. >> reporter: billions of federal build it back dollars are in limbo. new york city painstakingly vetting applications to make sure the money is well spent. >> please be patient. >> reporter: yet patience is wearing thin. this is what's left of danielle sullivan's home. his mortgage is $200,000. he thinks it will take another 200,000 to rebuild. >> you don't know who's getting what. >> reporter: brothers eddie and brian have made progress. brother mike made repairs right away as did their parents. >> think about the people, your family, you though. it just gives you the goal to come back. >> reporter: flood maps and

building permits taking much longer than expected. >> no one has got into their house yet. but we have about 50 under way. another 40 in the building department waiting approval. >> reporter: thomas sullivan rebuilding from the ground up after the ocean met the bay on his front step. >> we'll give it another shot. you know, mother nature is an amazing thing. >> reporter: the bochbd brothers, family and communities strong and determined to replace what was lost. what you saw at the end, they've fenced up a lot of the properties still vacant essentially. 24,000 people have applied for federal money. unclear whether all of them will get the funds they need. it's unclear how much money will be available to all of them. that still has to be decided. all these unknowns, they're doing it slowly because they don't want to have to run into anything. they have to dial it back.

it's hard. >> it is hard. it raises the question of is this a time to be so penny pinching. we talk about that with entitlement programs but when you know the majority of these claims are legit and you have people out there and the need is so immediate, is this the time to be scrutinizing. the roller coaster there on the jersey shore, the picture over your shoulder, that's startling. that's not the real face of the problem. the face of the problem is the families that can't get back in. the government is too slow. >> people need a place, a sense of place. they identify so clearly with their homes, everything that's there. people lost everything they had. people's entire homes flipped on to the streets. they're rebuilding piece by piece. that's hard. >> compounding effect. we've met so many families in the past year. it's just not losing everything, it's still not having anywhere to go. >> exactly. >> later on in the show, we'll

feature a group of people who got together from the community and they went out and started doing the rebuilding. >> good story. up next, what and when did the president know about spying on u.s. allies abroad and what will he do it now about it? we bring in the left and the right to weigh in. you could call it a really big break for singer chris brown. he's free following an arrest for assaulting a man in washington, d.c. it had been a felony but now it isn't. is that the right move? we'll talk about it. my employer matches my charitable giving. really. i get bonuses even working part-time. where i work, over 400 people are promoted every day. healthcare starting under $40 a month. i got education benefits. i work at walmart. i'm a pharmacist. sales associate. i manage produce. i work in logistics. there's more to walmart than you think. vo: opportunity. that's the real walmart.

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welcome back to "new day." let's give you a look at what is making news. security concerns in syria, keeping inspectors from reaching the last of 22 declared chemical weapons sites. they warn they may not be able to reach the sayrias safely before friday's deadline. they say getting there may require a cease-fire. lindsey graham threatening to hold up nominations for all federal positions until survivors of the attack in benghazi appear before congress. the state department said it sent an employee that was there on the night of the attack to be deposed on capitol hill. u.s. special forces reportedly expanding their role in the hunt for the notorious african warlord joseph kony.

the troops are said to be collaborating with the group whose viral internet video made kony one of the world's notorious thugs. a hack attack on the president's twitter account. for a short time monday, users who clipped on links in a pair of tweets were redirected to a video montage of terror attacks. police in pennsylvania offering a reminder, think twice before you reach out and touch a pregnant woman's stomach. a 57-year-old man near harrisburg has been charged with harassment for allegedly rubbing his pregnant neighbor's stomach without her consent. police say any unwanted physical contact can be considered harassment under state law. those are your headlines at the bottom of the hour. chris over to you. on both of the big stories and the headlines this morning, the white house is insisting the president did not know.

and that may be why they are stories to begin with. didn't know until last summer that the nsa was eaves dropping on the phone calls of world leaders. didn't know that the healthcare.gov website was off the rail. the question is, is the president out of the loop for real? or is this just an administration operative protocol? for answers let's turn to mark lamont hill, host of huffington post live and mr. haze as well. >> i know you're suffering from a cold this morning. did not know. can it be true? >> i don't doubt that it's true. it's certainly plausible. i've spoken to security experts. people say it's entirely possible they didn't know and they may have created walls in front of him is he wouldn't

know. the website i find less plausible. it doesn't make it excusable. >> i say we take a happen step back. it's totally plausible he didn't know you're spying on world leaders? >> i appreciate mark bringing up the scandals that the president didn't know about, including healthcare.gov, fast and furious and now spying on angela merkel's phone. i actually do agree, it's plausible. the president gets the daily briefing on the intel. it doesn't necessarily include the sources. if he asks, how do you know what angela merkel doing on saturday night? it's plausible. >> i think you have to get to where is this administration specific or the suggestion

you're making, this is just how it is? >> we see this in local governments within state governments and the federal administration. their advisers shield them by not telling them certain information. it's not that they're incurious, they're being thoughtful and pragmatic about what would happen if they knew too much. with the website, it's hard to imagine three months ago no one came to the president and said, hey, this website is not working out. it's unlikely the president didn't go to the department of health and human services. >> inplausible he didn't know that. >> why would you want to say that, even politically with the litigation and that other stuff you're talking about, you weren't the leader. you're at the top of the accountability chain. why would you want someone to suggest you didn't know about anything? >> because you can throw

somebody under the bus. >> look what happens when you say it wasn't me, you get kathleen sebelius not the most adept distraction of liability, who comes out and says nothing, nobody understands what she's saying. they come back to the president and saying this is about you, you are the president. you are the leader. >> the problem is we take these issues one at a time. if i tell you it's plausible he didn't know in the nsa, when he uses that excuse four, five, six different times, you look like a guy who is good at dreaming, having grand plans and bad at implementing them, very bad at governing. >> that's where it goes too far. there's a website dysfunctional. they say the dream of health care doesn't play out in real life. >> why is the trouble with the rollout being used as a metaphor for the reason that the law is bad? that does sound like an exaggeration. >> it's not, chris.

this is just a website, we can get past this. they sound like they're vetted to this emotional conclusion. this entire program requires that young, healthy people get into the system. if you've set up a system for six people, it will collapse. if the website does not work, if you can't get to the store, the store fails and goes bankrupt. if young people can't get in, you have a serious problem. >> if the website worked perfectly would you have said -- >> you don't understand the structure. >> exactly. >> let me explain to something. it's a minimum threshold. you have to get that right in order to get the program right. just because you got that right wouldn't say the program is right. you have to at least get this right. >> every other part is working. people up to 26 are being recovered. previous conditions are available -- not available but are being covered now. the website will work in 60

days. if it does, this is not an ineffective program. >> the entire success of obama care is dependent on one thing and one thing only, will young and healthy people buy policies through the exchanges? we'll find out. >> you already decided it doesn't work. >> that's the success of the cost comparison argument of the law. that's how you lower the base. >> that's a fair point. it could be a year or two down the road. we have access to health care, it's just that it cost way more and premiums were way more expensive. >> we have to be careful about how we analyze it going there. i think we all know that. the website not rolling out the right way that's a concern on many levels. >> we have to leave it right now. a yes or no from each of you. do you think we should change the spying on foreign allies? >> no. >> this is the purpose of the nsa to spy on nonamericans. >> i think the spying is getting caught up with the p.c. police. coming up next, an assault charge against chris brown is

reduced and he's free without bail. but the singer's legal troubles may be far from over. also ahead, 36 years after "star wars" made its debut, we're getting our first look at a blooper reel they didn't want anyone to see. you'll want to take a look at this. [ female announcer ] right when you feel a cold sore, abreva can heal a cold sore in as few as 2 1/2 days when used at the first sign. without it, the virus spreads from cell to cell. unlike other treatments, abreva penetrates deep to block the virus, to protect healthy cells so cold sores heal fast. as fast as 2 1/2 days when used at the first sign. ♪ learn more at abreva.com.

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welcome back to "new day." let's get a check of your forecast this morning. indra petersons is in seaside heights, new jersey where it looks beautiful behind you, indra but you're there because this is an area that was hit so hard by superstorm sandy one year ago and now they're still fighting to rebuild. >> reporter: yes, exactly, kate. there is still so much to do. i'm actually standing right in front of where the famous jetstar roller coaster used to

be. the roller coaster was demolished in may. there has been a lot of progress. they built up the board walk here. 90% of the businesses are open. the casino pier, you can hear the sounds of construction going on. they were hoping to have it finished by next season although some of the larger rides could take until next summer. we'll dive into that deeper. first i want to talk about a storm affecting the country today. remember the big system that dumped heavy snow in through montana. that same system expected to bring heavy snow into portions of wyoming and colorado. then we have to look at the cold air with this system. the reason that's so important, those temperatures are a good 20 degrees below normal. we see the cold air clash with that warm, southern air in the south. those temperatures are above normal. you bring these two elements together, you have the jet stream over the panhandle of texas and the severe weather threat. we're looking for the threat of

isolated tornadoes, most likely large hail and strong thunderstorms. same system spreads tomorrow from nebraska to texas and eventually on halloween, the high valley into the northeast, chris. >> indra, thank you for being there. appreciate the coverage. we'll move on right now. chris town, the singer, he got lucky. why do i say that? here's why. the charge has been reduced to a misdemeanor. it does not mean it's the end of legal trouble for brown. that's true by a long shot. here's cnn's brian todd to explain. >> reporter: pandemonium as chris brown leaves court in d.c., acknowledges his fans with a peace sign after being released with no bail. a felony assault charge reduced to a misdemeanor. his attorney said this. >> christopher brown committed no crime. we understand his security acted to protect mr. brown and mr. brown's property. as he is authorized to do under

district of columbia law. we are confident mr. brown will be exonerated of any wrongdoing. >> reporter: brown was in washington to host this party at a nightclub saturday night. according to the police report, the victim, isaac parker, tried to get in a photo of a picture taken of mr. brown and a female fan. at that point, brown said i'm not down with that gay expletive and, quote, i feel like boxing. the arrest could have severe consequences for the popular grammy award winning r & b singer. ♪ brown who signed his first record deal at age 15 is serving probation for felony domestic violence against singer rihanna perfect this incident on the eve of the grammy awards four years ago. her bruised and bloodied face seen from this picture on tmz. his bail was revoked after a hit and run incidence.

he was given an additional thousand hours of community service. brown's probation official will send a report on the latest d.c. arrest to a superior court judge in los angeles who will then decide whether the singer we serve prison time. brian todd, cnn, washington. >> brian, thanks so much. let's bring in joey jackson, hln legal expert. pretty interesting. this turn of events in the last 24 hours. >> needless to say. >> you have a felony assault charged reduced to a misdemeanor. why do you think that happened? >> what happens, prosecutors ases what the evidence is going to be. while it's still unclear, there will be an investigation. was the person jumping into the photograph, following him on to the bus? investigators will figure that out. they think they can proimive ten the to injure and not a significant intent to injure. >> it's a big break for him.

>> oh, yes. the first way is jail. the simple assault charge carries six months versus the aggravated assault or something else or significant assault which would be three years. so in terms of jail time, a big deal. in terms of his probation violation it's a big deal there as well. >> let's talk about the probation. he's still under probation for the 2009 assault, domestic violence assault which was a felony against his then girlfriend rihanna. how does this play into that? part of this misdemeanor he got out without bail but he has to report to a judge in california right away. >> oh, yes. it's a big deal. here's why. because there's two problems he faces. the first is the instant charge, the one in d.c., you have to address that. six months jail, six months in our bed is different than jail. then you jump to how it impacts the probation. it's important to know you don't have to be convicted of the underlying offense in order to be violating your probation. simple police conduct can do.

now what happens is not only are d.c. police investigating the current charge but the l.a. probation department will investigate the facts and circumstances and if they find there's something amiss, guess what, he faces jail there as well. >> that could be a lot of jail, actually. >> four years. >> you know everyone will wonder this because it involves a celebrity. do you see there is anything that could be seen as special treatment for a celebrity and how this is playing out? >> the fact that he continues to get community service and my clients go to jail, do you mean that, kate? are we talking about that? >> in certain so many words, yes. >> i think celebrities are in some measure treated differently. for a variety of reasons. that's another segment, another time. i believe his lawyers will say, listen, it's about community service, rehabilitation and getting them better. you have punishment, deterrents, we don't want you to do that and rehabilitation. his lawyers will argue he's talented, gifted, young as a result of that, give him

additional community service and hopefully he'll become a better person and don't forget the program behind the two. >> yes. we'll see if the community service has worked so far in trying to rehabilitate him. >> maybe, maybe not. we wish him luck. >> we do wish him luck. wish he would stay let us know. chris. >> all right. take a sip. take a bite, put on your pants, yell at the kids about what time it is. we have star wars bloopers. the footage they didn't want anyone to see. but we have it. look at this guy slipping around. some storm trooper he is. plastic shoes not easy. >> there's more. [ female announcer ] who are we? we are the thinkers.

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when i left you, now i am the master. >> you can't get enough of this. we have a little something for you this morning that george lucas probably wouldn't want you to see. a never before seen blooper reel from behind the scenes of the very first "star wars" movie. here to walk us through it, a.j. hammer, host of hln's "showbiz tonight." >> what's really cool about this, particularly excite, is the fact that as iconic a movie as it is, there is precious little behind the scenes footage. there are certainly no blooper reels. there's an editor for lucas films. he was digging in the archives for a book and he stumbled upon this. let's roll it out.

>> we have no weapons. >> you would prefer another target, a military target, then name the -- blah, name it, now, before i go home. >> line. >> action. >> whoo! that -- >> all right. >> now let's get some distance before that thing goes super nova? how do you pronounce super nova? super nova or super nova? >> that line was cut from the movie. that line wasn't even supposed to be there. >> it's a very good question. super nova or super nova. >> i felt like he said it the same way both times. >> it is interesting they were able to keep this under wraps for all of these years. >> it premiered at comic con

over the summer. this is now up on youtube. about 1.5 million so far. just went up the other day. the first 49 seconds or so and part of what we're watching now, this is great, storm troopers, it's a little tough, the first 49 seconds, there is no sound. this is 1976 when they were making this film. oh, it's a little tough. i can't really get -- >> why is it so funny? >> it's hard to imagine, it will be see if it lasts online. >> i think the odds -- >> good stuff, really great. >> that's a trip down memory lane. >> thank you. we're going to take a little break here. president obama admitting this

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about non-insulin victoza®. it's covered by most health plans. i'm initiating a review to make sure what they're able to do doesn't necessarily mean what they should be doing. >> a stop to snooping. president obama under fire. speaking out. how could he not know about the u.s. spying on u.s. allies? will he stop it now that he must know? congress starts its investigation this morning. we'll tell you the targets. >> outrage after a 13-year-old boy is shot and killed by

police. he was carrying a toy gun. police are defending their actions this morning. could it happen again? one year since hurricane sandy, communities are still rebuilding. but will we see storms of that magnitude more often? our meteorologist investigates. >> your new day continues right now. good morning, welcome back to "new day." it's 8:00 in the east. new this hour, president obama said it over and over again, if you like your health care plan, you'll be able to keep it. new word from the white house officials suggesting that for some americans that is not necessarily true. we're going to give you an update ahead. >> as if i need to tell you, it is the age of the gadget. we've got tablets and social media. can't get away from any of it, right? the question is what about our

kids? what is a learning tool versus a distraction? there was a recent study that said as young as 2, kids are into it, that more kids have ipads than adults. when is it time to unplug? >> all the stars are aligning in the sports world. we've got the world series, football, hockey, all in season. tonight, the nba season returns. >> best game there is. >> can i get an amen? the pro basketball season with the one and only greg anthony. >> he is skilled. former nicknick, which makes hi very intelligent. it was revealed the u.s. was spying on friendly leaders. are you surprised? the white house seems to be. correspondent jim sciutto following developments live in washington. it's starting to get a bigger and bigger wave, now that we're showing that, well, i didn't

know, but we're going to review everything. maybe we won't do it anymore. the ball's rolling. >> now the administration considering hard limits on the spying program, particularly as it relates to foreign leaders. this is a continuation of a review that began this summer. the same review which the white house says is how the president first learned of spying on foreign leaders such as the german chancellor angela merkel. another u.s. official telling us, he would have had to have known about the framework of such programs, including which countries. the director of national intelligence james clapper announced he is declassifying a whole trove of documents about collection under the foreign intelligence surveillance act which authorized the collection of data on telephone calls in the u.s. later today, clapper and the head of the u.s. will testify on capitol hill. we know they'll face a lot of hard questions. >> that is absolutely right. all right, jim, thank you so much for starting us off this hour.

let's get the international angle and reaction on all of this from krish christiane aman. he of course is the journalist who henned bring a lot of these leaks to the public. i want to talk about glen and your interview. what's the international reaction you've heard? we're hearing a lot of reaction here in the u.s. side about these leaks. what are international leaders saying about what's going on now with the white house kind of pushing back and now reviewing their spy program? >> well, this is just coming and being digested right now. there's a big difference depending on where you are and what the reaction is. here in britain, where there is a much more strong agreement between the uk and the u.s. about what intelligence they share and who they spy on. there's been a defense of all this nsa, all this data collection, a strong defense by

prime minister cameron. there has obviously in germany been a different reaction with people, mostly the public there, very upset, very outraged. what's happening is the leaders are catering to their public opinion, summering u.s. ambassadors, demanding explanations. many people know, leaders know, they are routinely spied on. this has made a huge political impact in the u.s. and hence sweeping announcements about the review of the nsa. what i spoke to green wald yesterday was his continued insistence that none of what the nsa leaker put out was threatening national security. that's glooen greenwald's and snowden's contention. they say it's not about leaders so much, it's about populations being spied on, both in the united states and around the world. listen to what he told me. >> none of this has anything to do with terrorism. is merkel a terrorist? are 60 million spanish citizens

terrorists? this is clearly about political power and the claim that is about terrorism is seen around the world as what it is, pure deceit. >> that is his contention. obviously the u.s. would say a lot of the spying is also -- well, maybe they wouldn't say it, but a lot of the spying also is about commercial, business, other kinds of operations. as you heard, the chairman of the house intelligence committee has said sometimes our allies have relationships with our adversaries. that's where all of this starts to become really tricky. but if indeed the politics of this case has meant that the u.s. is now going to have some kind of nsa review, that, then, will be claimed as a victory by people like edward snowden and gl glenn greenwald. >> did you talk to glenn at all? it seems a narrow view when he says is angela merkel a terrorist. you hear from the obama

administration side that these intelligence services do a lot more than just only try to intercept communications amongst terrorists. there's a lot more to it. >> right. exactly. a lot of it is about the economic side. a lot of it is, you know, just trying to figure out who's meeting who and what's going on. clearly since 9/11 you and i both know that the emphasis has been on trying to disrupt any kind of plots or plans or conspiracies to commit harm against the united states, either in the u.s. or around the world. and against u.s. allies. so that is why prime minister cameron and other strong u.s. allies have been very robust in their defense of this kind of data collection. we also know that, yes, angela merkel is a strong u.s. ally, but in the past, germany has had, obviously with east germany, it was a communist country, so a lot of spying was done in relation to that. its relations and its trade and

other such dealings with china for instance, with iran and other such things. there are all sorts of complicated issues at hand in this surveillance. what's really appalled people over here, and in the united states, is the amount of data collection that's going on against ordinary people. and that is one of the reasons why glenn greenwald and edward snowden's revelations have had such traction over here. because, as i said, most people take it for granted that there is a lot spying that goes on, even between allies. much less between adversaries. but even between allies. look, the former u.s. secretary of state madeleine albright said, just this week, that i was spied on, she said, when i was u.s. ambassador by the french, our allies. there's a lot of two-way spying going on. but it's the mass collection of anything from the population that is causing a huge amount of anxiety. >> because of that, it does remain an open question what the political fallout will be in the

end for the u.s. and its relationship with many european nations. thank you so much, great interview with greenwald, thank you. now to the administration's other albatross, the troubled rollout of obama care. despite promises to the contrary prom the president himself, many americans could lose their current coverage because of a law. is that a bad thing? cnn's brianna keilar is following developments. she live at the white house. good morning, brianna. >> we should also point out there is a shift for people signing up for insurance on health care.gov, the federal website. they now have until march 31st. it had been february 15th. this come, as the white house is now admitting that under this law some people will not have the plan that they had before. but arguing, though, this may be a good thing. one of the president's longtime promises about his namesake health care reform plan -- >> if you like your health care

plan, you can keep your health care plan. >> -- is coming under intense scrutiny, as white house officials admit some plans will cease to exist under the law. >> it's true there are existing health care plans on the individual market that don't meet those minimum standards and, therefore, do not qualify for the affordable care act. there are some that can be grandfathered if people want to keep insurance that is substandard. but what is also true is americans who have insurance on the existing individual market will now have numerous options available to them. >> president obama making an obama care pitch to young people. you must sign up for health insurance by the end of march to avoid a fine. >> when you look at the number of young people who actually want health insurance, but are having trouble affording it, the fact that we're making it affordable for the first time, that's a big deal. >> a new study shows 70% of eligible americans between 18 and 34 can now purchase coverage for less than $100 per month.

but that's if they can sign up. health care.gov was knocked offline sunday along with the data hub that verifies eligibility for government subsidies. service was restored monday. as the health and human services department aims for a november 30th deadline to get the site fully operational. it's giving detailed updates on problems. the latest says, in part, we're also getting information on which parts of the application are causing the most errors, enabling us to prioritize what we fix next. now, the website is key for getting young people to sign up. they are tech sacvvy. also healthy. key to making obama care work, because they offset the older who are less healthy and more expensive to provide health care for. chris and kate. >> all right, thank you so much. >> let's look at your headlines. texas authorities are investigating a shocking murder spree near dallas. saying a man apparently killed five people in four locations including burning one of them.

there's no word on a motive, nor the identities of the victims. the suspect is in custody after hours long search. 2 of 4 inmates who crawled through plumbing to escape from jail sunday are back behind bars sunday. they were found about 20 miles south of where they started. authorities are still searching for the other two who are considered armed and dangerous. two suspected members of the terror group al shabab have been killed in somalia in a u.s. drone strike. one of those killed is considered to be a top technical and explosives expert for the al qaeda affiliated group. the other person killed was not identified. penn state has agreed to pay nearly $60 million to some 26 victims in the child sex abuse scandal involving former coach jerry sandusky. the settlement is on top of tens of millions of dollars already spent by the university on fines and legal costs. sandusky is serving what is effectively a life sentence in

prison. this is a little thing for you, chris. three fishermen got a startling surprise on the big seas. trying to reel in a big catch. wait. hey, now. that fish is a little bit more -- it's a reversal of roles. the guy sitting in the seat is kind of -- >> he's stuck. >> and he's not going anywhere. that guy, he moves fast. >> by the way -- >> i would have been the guy -- >> off i go. >> they're not leaving, by the way. they're pulling away because they want to get the prop away from him, the propeller. >> they do eventually slow down. >> quite agile. >> he is cat quick. >> what would you estimate that fish was? >> nothing. it was like 250 pounds. it's got a huge bill on it. it's got a sword. hence the name on its face. probably can't clear that transom, i'm too old, so i would

have got stuck on that thing. >> like what happened to those star war guys. >> rumbling off that transom. >> i thought you would like that. >> you know what happens, it happens when you get in with those big fish. poor guy stuck in the chair. >> don't go fishing. just kidding. >> oh, that was good, that was good. >> let's get back out for today's forecast. in seaside heights, new jersey, on the anniversary of super storm sandy. >> good morning. it looks like we're seeing some change, here along the board walk. we can obviously see the roller coaster that was here just a year ago is no longer here. it was demolished in may. after the storm, about 50% of the businesses here on the board walk were not open today. 90% of them are open. seeing progress on the board walk. nearby communities are still suffering. very slow progress. we're going to dive into that a little deeper. first, i want to talk about a

storm really affecting the country today. this is the big storm that brought heavy snow in through montana yesterday, today, even 10 inches of snow possible through portions of wyoming and colorado, and winter storm warnings are up. remember, we had this cold system producing snow with temperatures in the region a good 10 to 20 degrees below normal. that system is going to combine as it makes its way east with all the warm air. temperatures above normal in the south. once you have those combined, you bring that to the panhandle of texas, you have potential for severe thunderstorms. today, the severe weather threat will be out there. tomorrow, it's going to continue to progress even further eastward. anywhere from nebraska to the panhandle. making its way to the ohio valley, even into the northeast. so really a storm we're going to be watching all week, guys. >> all right, thank you so much for that. coming up on "new day," it has been a year since super storm sandy devastated the east coast. now, here's what we know.

there are more federal dollars in the pipeline, but for many, too many, that help has been too slow. we're going to go back to seaside heights new jersey, at one of the shore's hardest hit areas, and tell you the story of what's going on. [ male announcer ] the founder of mercedes-benz once wrote something on a sheet of paper and placed it in his factory for all to see. ♪ four simple words where the meaning has never been lost. the challenge always accepted. and the calling forever answered. ♪ introducing the all-new 2014 s-class. mercedes-benz. the best or nothing.

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today marks the one year anniversary of superstorm sandy. in the hardest hit areas in the northeast, people are still struggling to recover and rebuild. we are live in seaside heights,

new jersey, one of those hard-hit areas. good morning. >> good morning, kate. it really is unbelievable, this was just a year ago where 100 million americans were affected by this storm. it was so expansivexpansive, ab million people lost power and hundreds of thousands homes were really affected. it had record breaking storm surge. combined with high tide made it that perfect storm with 13.88 feet of storm surge. it's been one year since super storm sandy wreaked havoc in the u.s. >> look at that. >> this is a record. >> the monster storm carved a path of destruction, damaging hundreds of thousands of homes and businesses. becoming the second costliest storm in american history. >> we had a storm that was unusually wide. it stretched literally from off the coastline to the great lakes. it was loaded with water. >> in manhattan, sandy slammed the coastline, water pouring into city streets. lower manhattan left in complete

darkness for days. >> 23 million gallons of water flooded this 31,000 square foot subterranean retail plaza where the water came up to these steps. notice, it is still gated off. millions of dollars in damage are currently still being renovated. >> still under renovation a year later, sandy's scars still visible. filled with water one year ago. now, still, under construction. in new jersey, seaside heights historic board walk demolished from the storm reopened more than six months later to a slow return of tourists and locals. >> we had 1,000 man hours a day working on this project. what we accomplished in several months should have taken a few years. >> only to grapple with another tragedy in september. >> their store's on fire. >> now the fire, i don't know what's next. >> sparked a blaze that burned

30 businesses to the ground. >> it's been one thing after another but, you know, we are tough here. >> in queens, breezy point was one of the hardest hit areas. more than 100 homes burned to ashes. fire trucks unable to enter due to flooded streets. the neighborhood still lined with piles of sand in unoccupied houses. a year later, there are signs of recovery. a group of rockaway residents marking the anniversary, holding hands on the beach. at the immigration museum in ellis island, damaged in the storm, reopened yesterday. still, experts offering a harsh warning. >> sandy unfortunately is definitely not a one of a kind storm. the reality is a storm of this force and magnitude could hit the coastline of our country any time, any place. >> one of the things i wanted to talk about, it's been a year later, and there's still so many misconceptions about this storm. especially in comparison to irene. you can see that sandy was

massive. it stretched 1,000 miles with tropical storm force winds. the other thing is the angle it came into the shoreline. that is a huge difference. look at this animation. when it comes perpendicular to the shoreline, you have that entirely concentrated amount of storm surge going directly into one area, rather than being spread out over the shoreline. we combine that with high tide on top of it. the other question, why are we not calling it a hurricane? well, the reason for that, what used to be a hurricane, notice this big blocking high, that got blocked from going out, curbing out to sea like it typically would. it got dragged into the coastline. rather than pulling its energy from the ocean, which would make it a tropical system, it was taking on the energy of a winter storm making its way across the country. it was no longer called a tropical system. it's a post tropical system. it became the blend of a winter system. that's why it got named super

storm sandy. that's why there was so much confusion and the national hurricane center stopped issuing warnings. that has been changed. in the future, they will continue those warnings. so they understand what's happening next time if this unfortunately does occur. >> well put. the nomenclature is one thing but it was the warnings that made the difference. the result obviously terrible. appreciate the reporting. a 13-year-old carrying a toy gunshot and killed by police. the police say they did nothing wrong. but this was obviously a tragedy. the question is is could they have done more to prevent it? also ahead, too much technology. a group of pediatricians advising parents to set limits on kind's smart phone and tablet use. ido more with less with buless energy. hp is helping ups do just that. soon, the world's most intelligent servers,

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♪ your ticket to a better night's sleep ♪ so glad you're with us here for "new day." the five things you need to know. top intelligence officials including the director of the nsa on capitol hill today, tough questioning expected, over government surveillance, both domestically and internationally. the white house insisting millions of americans will not lose health coverage under the new obama care law. the administration saying, though, that some may have to change plans as the law takes effect. two of the four inmates who made a daring escape from an oklahoma jail sunday are back behind bars. the other two are still on the run and said to be armed and dangerous. bit of a break for singer chris brown. the charges in his washington, d.c. assault have been reduced

to a misdemeanor. he was arrested sunday after an altercation outside a hotel. at number five, the boston red sox, a win away from taking the world series. the sox now lead the cardinals three games to two. game six is tomorrow night in boston. they could win their third world series title in nine years. who you rooting for, huh? tweet us. we're always updating those five things to know so be sure to go to "new day" or cnn.com for the latest. they will say their final good-bye to a 13-year-old boy named andy lopez. a police officer shot and killed the teen because the boy appeared to be carrying an assault rifle. it turned out to be a plastic gun. cnn's dan simon has the story. >> reporter: outrage at a northern california town. an ak-47 replica, a toy pellet gun, mistakingly identified by a

sheriff's deputy for the real thing. the veteran officer firing, killing him. >> the reports are that he asked the boy to drop the weapon. and he didn't drop it. >> andy was not the type, believe me. if he knew it was a sheriff, if he was asked, andy would have dropped it, you know, i -- i don't believe that at all. >> reporter: friends and neighbors in santa rosa have held rallies, calling the shooting a combination of unnecessarily force and racism. some allege the shooter was profiled because he was hiss sb spannic walking through a low income neighborhood. >> i understand the community is angry. this is a horrible tragedy. >> reporter: the county sheriff told us he couldn't go into details of the case but he confirmed the deputy who fired the shots is eric gillhouse, a 24-year veteran of the force and veteran of the iraq war. >> he's a solid employee. the fact he trains new people for us does show the level of

respect we have for eric and his position here. >> reporter: investigators say only ten seconds passed from the moment gillhouse and his partner reported a suspicious person to when they called back to report that shots were fired. the deputies encountered lopez who was wearing a hoody at 3:15 in the afternoon last tuesday. according to witnesses, at least one of the deputies took cover behind an open front door of their cruiser and one yelled twice for lopez to drop the gun. shots were fired. and the boy was pronounced dead at the scene. a memorial service is to be held for andy lopez this evening. dan simon, cnn, santa rosa, california. joining us now from santa rosa, california, is lieutenant paul henry, from the santa rosa police department. thank you for joining us. let's take a look at some of the aspects raising suspicions here. there's some dispute between one warning versus two. what gives the department confidence in its version of events? was there video in the car that

you have access to? how are you able to confirm what the officer says happened? >> there was no video in the car. the officer's statement is he believed he yelled "put the gun down." and we have at least one witness who states they heard the deputy say put the gun down two times. >> all right, so that's what you're basing it off of so far. so the question becomes why was the shooting necessary. two other aspects, one, is it true the officers were behind the door of the car, so they were in a defensive position here? >> yes, that's true. >> obviously, the suggestion would be that they didn't have as much danger presented because they had some cover. which leads to the next idea about why they believe that this kid was doing something to them when they turned around. what do you understand from this situation? >> well, let me back up just a second with what you just said.

the deputy's statement is that he saw the young man carrying -- well, incident', he didn't realize he was a young man initially, but he saw him carrying what he thought was an ak-47-style assault rifle. the deputy has experience with these kinds of weapons. and was under the understanding or is aware that these kinds of weapons are capable of firing ammunition that can penetrate his body armor, that can penetrate the metal of his car, and can also penetrate the walls of the buildings around him. so that -- his fear was if the subject were to fire at him, that he was not in a defensible position and that he was extremely vulnerable, as well as not just him but the rest of the community as well. >> right, and there is suspicion that the toy itself really did look like the ak-47, which raises all these issues about how the toys are made and did this one have the colored

plastic tip it was supposed to have but of course it was a toy and that's why we're having this conversation. >> right. >> one other aspect before we get to the policies involved. only one of the two officers or deputies there shot. if it was such an emergent situation, why didn't the other officer feel the need to shoot? >> well, they're both doing different things simultaneously. obviously, one of the deputies is sitting in the passenger seat while the other deputy is operating the vehicle. so at the time they first saw the subject, they were a number of feet away, on the other side of the intersection. so the passenger deputy radioed to the sheriff's dispatch what his observations were. he asked for emergency assistance. and while the first deputy had turned on -- or the driving denity had turned on the vehicles overhead rotating life and hit the siren briefly.

and then pulled the voek vehicle across the intersection. in the time it took the driving deputy to put the vehicle in park, or to stop the vehicle, put the vehicle in park and exit his side of the vehicle, the passenger deputy had already gotten out of the car and had engaged the subject with the warnings. >> obviously, there's something that just feels wrong here. this was a kid, absent evidence of a troubled past or a desire to confront police, there's no indication yet at least that this boy would have been doing anything to create trouble with the police in such a situation. which raises the larger question o how you deal with this community. already problems there. already feelings within the community that their ethnicity and their socioeconomic level makes them somewhat of a target of police. what is your message to the community today? >> well, let me just back up a little bit. i'll be happy to address that for you. but keep in mind the deputies on

scene had no understanding of who specifically they were dealing with. they didn't know -- obviously they didn't know that the weapon or the object the kid or the young man was holding was a toy. they believed it to be real. and they certainly didn't know whether his objectives were. they certainly didn't know what his previous criminal history was. and so they have to treat that particular situation based on the only information they had at the time, which was the weapon appeared real, that the subject appeared to be turning toward them, and the barrel of the weapon appeared to be rising in their general direction. that's why they responded in the way they did. with regard to your larger question or your other question, the message to the community, you know, this is -- what we would ask for i guess at this point is patience. we were in the early stages of this investigation. it will take a number of weeks -- in fact, it will take

months to complete the investigation. and once we have done that, we'll forward it to the district attorney's office. they will review the entire investigation. they'll determine if there's more information that's necessary. and ultimately they'll make a decision on the criminal culpability on the part of the people involved. once that process is complete, the investigation will be forwarded to the civil grand jury and they'll also review the investigation. >> the fbi is looking into it as well. everybody wants to make sure everything was done the right way in a situation like this. although the outcome obviously terrible. lieutenant, thank you for joining us this morning. appreciate the information. >> you're welcome. coming up next on "new day," do you let your kids play with your cell phone or work on your tablet any time they want? well, it may be too much. it may not be good for them. there's new guidelines for your children on how much screen time is too much. also ahead, basketball is back. and are you nba ready? tv analyst and former pro

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some parents use their gadgets to call a baby-sitter. others think of them as a best baby-sitter. what effect could all of that screen time and distraction have on your kids? the american academy of pediatrics believes it could be significant. we have two special guests with us. kelly wallace correspondent and editor at large for cnn digital. and our elizabeth cohen, cnn political correspondent. so great both of you are here to talk about this topic. first, let's talk about what the recommendations are, kelly, that the pediatricidiatricians are s

>> they're basing the guidelines based on how much media the kids are consuming. they say no internet, tv, in the bedroom. they say limit use of smart phones and laptops to just about two hours a day. they say no screens for babies under 2 years old. they also say that families should set a media curfew. a time when those -- >> like after 8:00. >> yeah, cut the phones off. and they should try to monitor the media their kids are using. and also be involved. understand what your kids are doing. talk to them about it. have conversations about the dangers of too much exposure. >> what do doctors say? >> doctors are saying, look, pediatricians need to get involved. ask parents at catch-ups how much tv is your kid watching, do they have a computer in their room. this is really actually a health issue. >> why? >> because kids when they spend a lot of times on screens they can get overweight, start developing problems at school because they've spent so much time online doing other things.

they can develop attention problems because they're used to everything going like this. >> different from tv? anything different about the threat or the thresholds with digital media? >> not necessarily, it's all screen time. my feeling is doctors need to do more than that and give parents strategies for how to get your kids off -- in the cohen household, it's no electronic, no electronics, we say it ten times a day. because it's addictive. >> are there no electronics? >> there are, but we tell them to get off all the time. >> here's the question it to both of you, can you unring this bell? because it's -- at home you can control it -- but elsewhere -- >> i think the genie is out of the body. some numbers that 8-year-olds to 10-year-olds are getting exposu exposure, something like seven hours a day. according to a study, two-thirds of family also had zero rules when it comes to their screen time. >> that's the stat that blew me

away. >> you can. my kids, i joke, i was telling them, no screens at all. they said, mommy, don't say that. but of course i won't say that. but why can't families step in and have some rules and have some boundaries? >> the problem with rules -- i'll take the other side. >> go ahead. >> here's the other side, i don't want to make a rule i know i'm not going to enforce. what people like you and doctors always tell you about parenting, is if you're going to have a rule, make sure you enforce it. it is very difficult. they love the screen. there's a lot -- this makes it more difficult. there's a lot of stuff on there they like. there's a lot of stuff on there that's good for them. it keeps them quiet and not hitting each other. those are very powerful influences. >> that's not a good enough reason. you have to get in there and just say no. we were at a restaurant recently and there was a family with a child and the child spent the entire time on his ipad. one hour of not talking to parents. >> an hour of not disturbing

your dinner. >> you have to do the tough work sometimes. you say, honey, put it down. they're going to scream, yell. you got to do it. >> i heard a recent article about even with little ones if we're on our screens instead of engaging with our children, that they're learning fewer words and they're interacting less with us. it starts very, very young. >> there's also that stat, something like 40% of kids, babies under 2, know how to work an iphone, an ipad. there are educational apps. but my question is how much of that time -- the kids are on the ipad, how much are they not playing imaginative games and they're doing role play or they're just being, they're just having fun, they're not on screens. i think that is a concern with kids addicted to screens. >> seems to be completely imbalanced to being a normal kid and having that -- >> go play outside. >> they said the same thing about tv. we had this same conversation 20 years ago. >> we watched so much of it. >> i hope they're watching right now. >> keep watching. >> you want more information

from kelly wallace, go to cnn.com/living. kelly, always a delight. elizabeth, thank you. thanks so much to the both of you. >> we're going to take a break here on "new day." when we come back, do you feel it building? the energy, the excitement. it is sports nirvana. the world series. the football. the hockey. now comes the king of all games, the nba. the man on the couch, get ready, greg anthony, new york knick, handsome, he's going to tell us about the nba tip-off tonight, take us through the intrigue, when we come back. and this will be your premium right here. sorry to interrupt, i just want to say, i combined home and auto with state farm, saved 760 bucks. love this guy. okay, does it bother anybody else that the mime is talking? frrreeeeaky! [ male announcer ] bundle home and auto and you could save 760 bucks. alright, mama, let's get going. [ yawns ] naptime is calling my name.

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call or click to learn more. [ male announcer ] if you can't afford your medication, astrazeneca may be able to help. this week is a sport's fan's dream. we're bringing in a member of our extended family, greg anthony, 11-year nba vet and studio analyst for nba tv and tnt. >> many titles. >> excited about the start of the season. >> right? so what would you say are the big story lines going into the night? >> we have a plethora. starting off with the two-time defending champs. the miami heat hosting the chicago bulls. that in and of itself is a heavyweight fight.

the heat were practicing wearing football pads the day before in preparation for how physical this game will be. opening night game. they still got another 81 to play. but it is going to be a real challenge. they understand this chicago bulls team with the addition now of a healthy derek williams -- >> is he healthy? >> he's like the $6 million man. he's new and improved. he's gone from 37 inch also to 42 inches. his juch shot's better. he is motivated. i think the bulls, the totality of what they have, their lineup, i think they will present a challenge to the miami heat. >> how is the heat looking? can they win another championship? >> the heat are going to be hot. they got the best player in the world in lebron james. i also think dwyane wade will be healthier. keep an eye on two guys. one was the number one pick in the draft a few years ago. the other was the number two pick. greg oden if he can be healthy. he hasn't played on an nba court in over four seasons.

michael beasley, number two pick a couple years for the heat. both have had their issues, one physical, one mental. both could find ways to impact the season for the heat. >> out west, the l.a. teams squaring off tonight. i've always been cheering for the underdog but therey're not much the underdog anymore. >> probably the team to beat. they bring other doc rivers. one of my former teammates here with the knicks. won a title with the celtics. now will be at the helm there for them. listen, chris paul is dynamic as any point guard arguably to ever play this game. in order for the clippers to really become the team everyone thinks they can become, blake griffin has to become their best player. and that journey starts tonight under the guidance of doc rivers. i really like the makeup of their roster. the lakers don't have kobe bryant for a while. the black mamba still dealing with that torn achilles. >> one of the best nicknames in the nba. >> a great guy on twitter.

if you're in twitter. >> that sounds really bad. >> that's because it is. >> it sounds like that is a really bad injury. >> they're saying maybe with him. >> he's unique. remember, he stayed in the game, made his two free throws and walked off the court. which is in and of itself -- >> you're right, i forgot about that. >> i just read a great profile about him where he was saying, i ask myself sometimes, should i come back, should i not? he goes, this is my final chapter, i decide who it ends. everybody says he's working. >> nobody more dedicated to their craft than kobe bryant, one of the ultimate competitors. >> who are you rooting for in game six of the world series? >> i'm kind of a new york fan -- >> of course you are. >> as is chris. yankees fan. in all fairness, it's hard for me to like the red sox so i don't. >> it is in your blood. >> but i appreciate -- i am a huge big poppy fan. i got the man crush on big poppy. i can't help it. i try not to like him but he's

so good. the cardinals are a great story as well. if their bats can get going, you know, offensively they've just been anemic. >> it's been a good series. >> mastering the skill of saying a lot and not answering the question. >> respect. >> i've done this tv thing for a while. >> saying a lot, not saying anything. great to meet you. thanks for coming in. we'll have you back for sure. obviously, you're going to be sure to catch the nba tonight on tonight. the chicago bulls taking on the heat. followed by the clippers and the lakers. watch nba game time tomorrow on nba tv. coming up, when federal aid fails and when help comes too slow, you will be amazed what simply rolling up your own sleeves and a desire to help your neighbor can do. we've got the good stuff for you coming up. [ male announcer ] it's simple physics...

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and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter. ♪ in new york ♪ concrete jungle all right, time for the good stuff. in the year since superstorm sandy, recovery has just been too slow. there's a lot of government problems going on. that's just the fact. as often happens, people have decided to help one another. witness staten island devastated by sandy. an all volunteer organization called yellow boots formed there. these are everyday people working weekends and holidays and without a dime of federal funding. and yet they have repaired some 2,000 homes. >> i'm not looking for anything. i'm not looking for anything at

all. i just want to be there to help. because if i wasn't here and this would happen to my family, i would want someone to help my family. >> no matter how much progress is smamade, progress isn't compe until everything is done. there's still a few hundred homes. >> i sacrifice my time and my life but, you know, there's some things out there that are bigger than yourself. >> some things out there bigger than yourself. yellow boots has expanded beyond just sandy rerelief, helping otr communities affected by disaster. yes, they could use volvoluntee. visit yellowboots.com if you are so inclined. >> just how much rebuilding is still needed, how many families still need help. >> we are bigger than sandy which is great. >> that's exactly right. that is why it is the good stuff. >> the good and gooder stuff. that's a word.

>> thanks for watching us here on "new day." it's time for "newsroom." >> and the one and only martin savidge. >> best voice in tv. >> good morning to you guys. good morning, everyone. happening now in the "newsroom." >> that's why i'm initiating now a review to make sure that what they're able to do doesn't necessarily mean what they should be doing. >> damage control. the president now asking for his own answers about what the nsa is up to. >> plus, another twist in the aaron hernandez case. investigators are looking at whether he was involved in gun trafficking. >> and is it real or is this just rhetoric? russian president vladimir putin welcomes all olympians, regardless of sexual orientation. we're going to dig into that.